Southeastern Financial Corporation v. John Smith

Pursuant to the enlightened and invaluable provisions of Ala. Const, art. 5, § 140(b)(3) (1901, Amended 1973), we certified three controlling questions of undetermined Alabama law to the Supreme Court of that state. Southeastern Financial Corp. v. Smith, 526 F.2d 1233 (5th Cir. 1976). That Court’s answers to our questions in Smith v. Southeastern Financial Corp., Ala., 337 So.2d 330 (1976) have made the discharge of our Erie responsibility clear and easy. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). We hold that the defendant, John Smith, is not liable in…